The Denver Post

Ex-CEO’s reputation impacts jury selection

- By Tom Hays

new york» Several potential jurors at the federal securities fraud trial of Martin “Pharma Bro” Shkreli were excused on Monday after telling the judge they couldn’t be impartial toward the flamboyant former pharmaceut­ical CEO because of his notoriety for raising the cost of a lifesaving drug 5,000 percent.

At jury selection in a Brooklyn courtroom, U.S. District Judge Kiyo Matsumoto questioned the potential jurors at sidebars out of earshot from Shkreli. One called him “the face of corporate greed,” another labeled him “the most hated man in America” and a third gestured as if wringing his neck.

Yet another was sent home after confiding that when she saw Shkreli sitting at the defense table, “I said in my head, ‘That’s a snake.’”

Opening statements could come as soon as Tuesday.

Since his high-profile arrest in late 2015 when he was led into court in a gray hoodie, the 34year-old Shkreli has been free on bail and free to speak his mind on social media in ways that could complicate his defense. He went on Twitter to label members of Congress “imbeciles” for Former Turing Pharmaceut­icals CEO Martin Shkreli, left, arrives at federal court in New York on Monday with his attorney, Benjamin Brafman. Seth Wenig, The Associated Press demanding to know why his company, Turing Pharmaceut­icals, raised the price of Daraprim, a drug used to treat toxoplasmo­sis and HIV, from $13.50 to $750 per pill.

He took to YouTube for a series of lessons on chemistry and stock market analysis. His Twitter posts mocking a freelance journalist turned so creepy — one showed a fake photo of him canoodling with her — that his account was shut down. And on Facebook, he mused about the possibilit­y of being “unjustly imprisoned.”

Shkreli “travels to the beat of a very unique drummer,” exasperate­d-sounding defense attorney Benjamin Brafman said at a pretrial hearing this month.

Though Shkreli’s notoriety came from Daraprim, the federal securities fraud case is unrelated. Prosecutor­s say that after Shkreli lost millions of dollars through bad trades through his side business hedge fund, he looted a second pharmaceut­ical company for $11 million to pay them back. The defense has argued that he had good intentions.

“Everybody got paid back in this case,” his lawyer said. “Whatever else he did wrong, he ultimately made them whole.”

The defense has floated the possibilit­y that it would put Shkreli on the witness stand to try to highlight how he grew up in a working-class Albanian family in Brooklyn, taught himself chemistry, interned at a financial firm founded by CNBC’s Jim Cramer and struck out on his own to become a rising star in biotechnol­ogy startups. He wanted to develop new life-saving drugs after seeing “several classmates and other children he knew struck down by debilitati­ng disease,” court papers say.

Prosecutor­s call it a ploy to portray the boyish-looking Shkreli as “a Horatio Alger-like figure who, through hard work and intelligen­ce, is in a position to do great things if only the jury would ignore the evidence and base its verdict on sympathy.” The real Shkreli was a con man often undone by his own mouth, they say.

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